The Floodplain Development Permit A Piece of Paper or Wrong: There are some who feel a permit is just a piece of paper and that once received, community permission has just been granted for the property owner to do just about anything he or she wants to do on their property – forever and ever. There are others who view a permit as documentation of the community’s permission to construct their project but only with just a few minor guidelines. Correct: There are those who view a permit as more of a process. It includes specific building requirements that must be met, promotes on site inspections at proper times during the construction phase to ensure that the requirements are met, and continues on through the entire process until the structure is completed and all necessary actives are done as prescribed. A Process

What is a PERMIT? Communicates development requirements: Describes all construction expectations Mandates elevation requirements Provides Community authorization to commence development when all requirements are met Helps ensure all required actions are taken at specific times or phases during construction When all documents are executed and signed properly, a Permit becomes a legal record of all development activities – beginning to end.

Common PERMIT Related Documents Floodplain Development Permit Application Site Plan/Plat Elevation Certificate (1-3 separate certificates) Floodproofing Certificate (non-residential) Copies of additional permits (other government agencies) 7. Engineering studies (60.3 paragraphs (c)(10) and (d) (3), any locally required) 8. Letters of Map Change (LOMCs) “No Rise” Certification Letter & documentation Correspondence and Phone Log A few officials are surprised to learn that the permit and the permit application are two different documents or processes

Definition of “Development” Definition for Floodplain Management Purposes Only Development means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. (44 CFR 59.1) Every element of this statement is important. An explanation of the meaning of each could be helpful. “. . . or storage of equipment and materials” was added to the definition of Development in the 1980s to address the problem of auto salvage yards

What is Development? Just about ANYTHING that: Is done by any person & 2. Occurs to Real Estate

What is Development . . . “Not” Something that occurs naturally Little Lee Creek near Nicutt, OK

Floodplain Development Permit Question: When is a floodplain development permit required? Answer: Anytime “Development” occurs in the regulatory floodplain All Development in the Community must be permitted if there are no FEMA produced flood maps. It is the only way to determine whether or not the development will occur in a flood prone area – in harm’s way - per Section 60.3(a)(1) Is this answer always true? Reference: 44 CFR 60.3(a)(3)

Floodplain Development Permit Is it possible to have development in the SFHA where a permit is not required? Gardening Planting and harvesting crops Pasturing livestock Install a mail box Some repairing or remodeling of a structure Painting Reroofing *Be careful of substantial improvement

X When is a Permit Required? Yes: No: Maybe: Construct a home? Answer: Maybe A permit is required if constructing a home when: 1. It is being constructed in the SFHA or 2. Anywhere within the jurisdiction if the community participates in the NFIP and has no FEMA produced maps. Reference 60.3(a) (1) A permit is not required if the home is being constructed outside the SFHA. This is not intended to be a dumb question. There will be students who are still confused about the difference between a building permit and a floodplain development permit. We also need to be sure they understand when the floodplain permit is required. X Is it in the SFHA?

X When is a Permit Required? Yes: No: Maybe: Your community is constructing a water line that will cross the SFHA? Note: Communities will permit their own activities in the SFHA. Yes: No: Maybe: X Yes. A community must permit itself. This becomes more important as the community government grows, more departments are formed, and they often communicate less.

X When is a Permit Required? Yes: No: Maybe: Oklahoma Department of Transportation constructs a bridge over the SFHA including pillars in the floodway? Yes: No: Maybe: X Let’s talk . . . OWRB has jurisdiction over state owned and operated property.

X When is a Permit Required? Yes: No: Maybe: Park Grandpa’s old RV in the back yard (SFHA) and take the wheels off? Yes: No: Maybe: X

X When is a Permit Required? Yes: No: Maybe: Farmer John wants to plant and harvest corn in the floodway? Yes: No: Maybe: X Agricultural exemption does not cover construction of agricultural buildings and facilities. Agricultural exemption . . .

X When is a Permit Required? Yes: No: Maybe: Temporary storage of building materials in the SFHA Yes: No: Maybe: X

The Permit Review Process Phase 1 Review the application package for completeness BEGINNING OF THE PROCESS The submission of a permit application marks the formal beginning of the permit process. Prior to submitting an application, the prospective applicant often will be in contact with the FPA to obtain a copy of the regulations, locate the proposed site in relation to the NFIP maps, determine flood elevations, or gather other procedural and technical information needed to complete the application package. This informal part of the permit process can be important in guiding the applicant to locate and design the development in compliance with local regulations. It also can help the applicant to prepare a complete application, avoiding unnecessary delays at the beginning of the process. Upon receipt of the permit application, the FMA has several steps to follow during the review process. Phase 1 Reviewing Permits Phase 1: Review the application for completeness – all relevant components of an application must be completed (I.e. regulatory elevation, FIRM panel number and date, flood zone, etc.)

Completeness (Phase 1) Administrative Forms Are administrative forms properly completed? Are the necessary signatures provided? Phase 1 Administrative forms Does the information provided indicate a compliant proposal? Is all the information provided that is needed for proper review and determination? Signatures/certifications Are all required signatures provided? Are all certification analyses submitted? V Zones Floodproofing Floodway

Completeness (Phase 1) Plans Topography? Floodplain, or floodway ? BFEs? Building elevations? Structure(s), roadways, etc.? Utilities? Phase 1 Topographic information Is a map provided illustrating existing and proposed topographic site conditions? Critical flood risk boundaries Where applicable, are all flood boundaries and floodway boundaries depicted on a site plan? Where applicable, are CBRA Zones depicted? Base Flood Elevation information Are BFEs noted on a site plan? Do they match the topographic information provided logically? Design elevations Are building and other structure design elevations and features provided in the design plan? Lowest floor Foundation openings Foundation type

Completeness (Phase 1) Technical Documents Floodway encroachment “no rise”? Watertight floodproofing (Non-residential only)? Enclosures below lowest floor? Alternative flood openings? Certifications? Phase 1 Is the “No rise” analysis for floodway development proposals provided? Are the floodproofing analysis and required certifications provided? Are foundation elements depicted in a design plan? V Zone - breakaway A Zone - vents Are (applicable) V Zone analysis and certifications provided?

Completeness (Phase 1) Federal & State Permits Applicant is responsible for securing all other required permits and approvals. Local Administrator should be familiar with federal and state regulatory programs. Conditional local permit may be issued pending state or federal approval. Phase 1 Is evidence provided that indicates all other necessary (Federal, State and Local) permits have been acquired by applicant(s)? USACE water quality and wetlands EPA State Environmental departments County Health departments

Completeness (Phase 1) Other Local Department Review When the application package is complete, submit copies to the other agencies and departments for review. Develop internal/external review system Pre-application conference with Local Commissions or Boards with land development authority such as Planning, or Zoning. Phase 1 Coordinate review with other agencies and departments “No rise” analysis, certifications reviewed by community engineer Land use review(s) by Planning/ Zoning

Completeness (Phase 1) NFIP Elevation and Floodproofing Certificates Elevation certificate provides record of base flood data and structure data. Floodproofing certificate provides record of the height of floodproofing for non-residential structures. All certificates must be certified by a professional surveyor or engineer in accordance with OK statutes. Phase 1 Is an elevation certificate completed and submitted? Map information Design information Proposed/under construction, complete certified Floodproofing Certificates (nonresidential only) Is a floodproofing certificate completed and submitted? Design certifications Performance certifications Certified

The Permit Process Phase 1 Review the application package for completeness Phase 2 Review the application package for compliance with technical requirements Phase 2 When complete, the application package must be reviewed to insure that the proposed development complies with all conditions of the local flood damage prevention ordinance.

Compliance (Phase 2) Examine Site Information Is plan clear and understandable? Is all proposed development shown? Are flood-related delineations consistent with the FIS data? What regulations come into play? Are any engineering studies required; (see CFR 60.3 - (c)(10) and (d)(3)? Are the provisions of 44 CFR 65.12 (Revisions of FIRM maps and BFE’s due to encroachment) Is the development “reasonably safe from flooding”? Phase 2 Are all features and notes on the plan readable and understandable? If not, return to applicant for clarification. Do all of the flood and floodway boundaries conform to what is presented in the community’s Flood Insurance Study? SFHA boundaries Floodway boundaries CBRA boundaries What portions of the regulations apply to the specific type of development? Residential Nonresidential Stream alteration Filling Does the plan include all proposed development? Accessory structures Fences Storage tanks Utility systems

60.3(c)(10)? N x ZONE A 260 ZONE X ZONE AE 258 ZONE X RM 1 110 LIMIT OF DETAILED STUDY ZONE A Proposed Single Family Home Applicant - I.M. Wright APN 005-150-04 2550 Shady Lane Floodville, CA 96580 RIVER RD 260 GREEN ZONE X 60.3(c)(10)? ZONE AE An example of a site plan depicting all that is necessary to determine location of building/development relative to the flood risk. WEST RD RIVER 258 N ZONE X RM 1 Scale: 1” = 200’ x SHADY LN 110

Proposed Site Plan Septic 333.9' x 333.1' x RIVERSIDE DRIVE BFE 332 An example of a site plan that depicts all of the components of a proposed development. Floodplain and floodway Regulatory elevations Design elevations Other building components Septic system Water supply Storage tank 329.1' x x 332.6' Well Gas

Compliance (Phase 2) Assess Elevation Data What FIRM datum used as a basis? (NGVD, NAVD, etc.) Is the elevation data correct? Does design comply with standards required by the current FIRM? Is a CLOMR or LOMR necessary? Is all essential data included? Phase 2 Is appropriate datum used for elevation measurement? Has the appropriate conversion to NGVD (if applicable) been conducted? Is the elevation measurement correct? Is it within range of what’s depicted on the FIRM/Profile? Does the design conform to minimum elevation requirements denoted on the FIRM/profile? Is a CLOMR/LOMR in order due to potential changes to flood risk? Is all critical elevation design data included?

Compliance (Phase 2) Building Design Plans Type of structure? Type of foundation? Any enclosures below? Openings? Elevations of lowest floor, and or floodproofing. Base flood elevations? Floodway data, if required. Loading calculations and methods of construction for floodproofing designs. Phase 2 Is the proposed building for residential or nonresidential use? Primary home, apartments, primary, secondary, etc Storage, commercial, industrial, agricultural, etc. Is the type of foundation depicted on/in the drawings? Post, pier, column, piling Perimeter wall enclosure Crawl space Etc. Is the proposed lowest floor elevation correct? BFE Freeboard Are enclosures (including garages with floors below BFE) vented properly (A Zones only)? Are enclosures designed to breakaway (V Zones only)? Are proposed uses for enclosures limited to parking, storage, and building access? Are all features of flood protection included in the plans? Do they meet the minimum elevation requirements of the local ordinance?

Reference Your NFIP Regulation Please go to 44CFR 60.3(a) S I D E B A R Much of this information gets missed: Obtain all other necessary government permits “Reasonably safe from flooding” Adequately anchored Constructed with materials resistant to flood damage Electrical, HVAC, etc, be designed or located to minimize or eliminate flood damage Provide adequate drainage Water supply systems and sanitary sewage designed to minimize or eliminate infiltration. These are foundational requirements that will always apply [except for 60.3(1)(1) – “permit everything” since there are no maps]

Anchoring Manufactured Homes on A Permanent Foundation Anchoring and elevated foundations Pier foundations Post or pile foundations All manufactured homes in SFHAs must be elevated on properly designed and constructed foundation systems and anchored either to those systems or into the ground. When elevating a manufactured home above the BFE, the home must be anchored to the foundation or ground to resist wind and water forces.

Pier Foundations Have limited resistance to lateral loads Should only be used in low velocity areas Must have vertical steel reinforcement to resist lateral forces Ground anchors must be used to resist wind and water forces Pier foundations are adequate for providing resistance to dangerous loads in areas of low flow/velocity. Manufactured homes on these foundations must be stabilized by anchoring them into the ground.

Post or Pile Foundations Have much greater resistance to lateral loads Should be used in areas of deep flooding and/or high velocities Over-the-top ties or frame ties must be used to resist wind and water forces Post or pile foundation systems provide significant resistance to lateral loads that may result from deep flooding or high velocity flood water. Over the top ties or frame ties must be used in conjunction with these foundation systems.

Standards for Utilities and Building Systems “All new construction and substantial improvement shall be constructed with utilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.” 44CFR Part 60.3a(3)

Schematic drawing illustrating appropriate protection of building(s) utilities and servicing facilities from flooding.

Flood line Propane tank lodged on the front porch of a home in North Carolina, Hurricane Floyd 1999. Propane tanks and other above ground liquid storage tanks pose a particular problem during flooding. Although the National Fire Code requires proper anchoring of such storage tanks, it is rare that it is actually done.

Standards for Public Utilities “For subdivisions and manufactured home parks, all public utilities and facilities, such as sewer, gas, electrical, and water systems must be located and constructed to minimize flood damage.” Instructor: Question students about any local agreements they may have with public utility companies in their communities. 44CFR 60.3a(4)

Electric Substation with floodwall Telephone junction boxes Floodwall around the electric substation was completed two weeks prior to a 500-year event in Jackson, Mississippi April 1979. Elevated utilities are located in Biloxi, Mississippi. Telephone switching gear is located in Wilkinson County Mississippi, adjacent to the Mississippi River. Telephone junction boxes

Permit Decision (Phase 3) Approve or Deny the Permit Phase 1 Review the application package for completeness Phase 2 Review the application package for compliance with technical requirements Phase 3 Approve or deny the application

Permit Decision (Phase 3) Approve or Deny the Permit Application package is complete? All technical requirements are met? All other permits are obtained? Decision:  Approve All requirements are met.  Deny All requirements are not met Permit Process/ Phase III] If you deem the project to meet all conditions of the local flood damage prevention ordinance, and all other laws, ordinances, or policies for which you have regulatory oversight authority, approve the permit. If not, deny the permit. It’s Okay to say NO! Don’t forget to communicate “why”

The Permit Process Phase 1 Review the application package for completeness Phase 2 Review the application package for compliance with technical requirements Phase 3 Approve or deny the application Phase 4 Inspect the site/work Permit Process/Phase 4 As the project progresses, inspections must be conducted to insure that all conditions of the approved permit and any modifications of the approved permit are being applied. Is foundation being constructed and installed according to approved specifications? Is the foot print of the building(s) in the approved location? Is the lowest floor placed within the approved range above grade (distance above grade = base flood elevation minus ground elevation)?

Inspections (Phase 4) Do not assume that construction and development will follow the approved plans To minimize and prevent violations, the community must take an active role through site inspections The objective of the site inspection is to ensure that construction proceeds in accordance with the approved plans Phase 4: Make no assumptions. Changes to design during construction are not uncommon as project progresses. Inspectors must visit development sites at appropriate stages if not more frequently. Inspectors must verify that construction progresses according to approved conditions.

Inspection One Verify that the proposed plan is consistent with actual ground conditions. Check setbacks if community requires them. Verify location of floodplain and floodway boundaries or otherwise protected areas. Verify locations of infrastructure elements. Inspection 1: Compare the submitted site plan with actual field conditions. Check approved and marked setback dimensions. Verify that the presented flood features are reasonable compared to the legally adopted data.

Inspection Two Just prior to placement of the lowest floor of the structure Determine if the lowest floor will be at the height stipulated in the permit, Ensure that the foundation is the type specified in the plans, and Proper openings are provided. Inspection 2: When the top of the foundation is established and (preferably) before the framing is placed, inspect to insure that the foundation system will conform to what is approved. Are the openings at the proper height?

Inspection Three At or near the completion of the development, conduct a final inspection: Determine if placement of fill meets necessary standards. Inspect enclosures below lowest floor to ensure adequately sized openings and proper use. Check equipment & machinery. Check for floodway encroachment. Check anchoring system on manufactured homes. Inspection 3: As the building and surrounding development nears completion, inspect to verify that all components of the development conform to the originally approved plans and specs (or authorized modifications). Placement of fill Compaction records Armoring Slopes Lower enclosures Clear of utilities and other fixtures Properly sized and placed hydrostatic openings Equipment and machinery Location of potential encroachments (floodway) Anchoring systems manufactured homes out buildings other potential sources of debris

This looks like one foot or less. Instructor: optional Structure is within an AE zone. The vents are compliant.

Compliance Monitoring Inspect periodically to ensure no noncompliant modifications. Enclosures present a particular problem. Inspections must include areas where post permit modifications may occur without local knowledge or beyond normal view. Enclosures below buildings pose a significant challenge. Periodic and scheduled inspections of floodplains throughout the year will reduce occurrences of noncompliance. Other community groups such as public works, planning & zoning, law enforcement can serve as “eyes” and report irregularities back to Floodplain Administrator.

Disagreements with the Outcome of the Permit Process The applicant can seek relief: Administratively by variance Judicially via court Legislatively by changing the law (44 CFR) As a matter of constitutionality, for all laws, there must be a way to address their application whereby the law itself may impose such hardship on an individual, that there are legal alternatives to it’s strict application designed in such a way as to minimize the negative impacts from the alternative application of law.

Questions? When you have a question about managing your program, please do the following . . . and in the order shown: Reference your Ordinance Reference the NFIP Regulation Call the State NFIP Coordinator Call the FEMA representative for your area.

Thank you and remember… Permit, Permit, Permit! Oklahoma Water Resources Board Matthew Rollins 3800 N Classen Blvd Oklahoma City OK 73118 mjrollins@owrb.ok.gov 405-530-8861